Legal Question in Employment Law in California

Signing S&R waives Title IV claims?

Does signing a general settlement & release waive later claims for dicrimination?

Employee has two issues with my former employer. One is breach of contract ( bonuses & commissions ) for which EE believes he could win if pursued ( in small claims ). The other is for wrongful term based upon discrim & retaliatory theories. EE filed the contract claim & intends to follow up w/ the EEOC / DEFH for the discrim issues.

Tho Employer believes there's no breach,they are giving-in & paying the disputed amt on condition that EE signs a general release that waives the other claims.

I read somewhere, you can't sign/waive away certain rights. Or was that just for Worker Comp S&Rs?

Thank You


Asked on 12/22/04, 3:29 pm

2 Answers from Attorneys
Okorie Okorocha California Legal Team

Re: Signing S&R waives Title IV claims?

Yes, it waives all claims that have arisen up until the time of the release. do not sign anything without an attorney.

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Answered on 12/23/04, 4:59 pm
Terry A. Nelson Nelson & Lawless

Re: Signing S&R waives Title IV claims?

signing a general release means all claims you refer to will disappear unless specifically excepted. They won't pay unless the release is signed. Make your choice.

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Answered on 12/23/04, 5:57 pm


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